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Chicago Divorce Lawyers / Blog / Divorce / Legal Separation vs. Divorce in Chicago – What is the Difference, and What is the Best Route for You?

Legal Separation vs. Divorce in Chicago – What is the Difference, and What is the Best Route for You?

Separation

One thing that married but “divorce-curious” Chicago couples and individuals may be interested to know is that when a marriage starts to go south in Chicago, there is another option besides simply ending the marriage and getting a divorce. Indeed, for some couples, although things may be rocky in the marriage and divorce may look like an attractive option and the next best step, the finality of a divorce may not be the right thing, especially if they perhaps want to try working things out, or there are other important reasons to not go through the Chicago divorce process. Fortunately, Illinois marriage and divorce laws provide an alternative to getting a dissolution of marriage or divorce decree and legally and officially ending the marriage. This option is called “separation”.  But what is the difference between a legal separation and a divorce under Illinois marriage and divorce laws, and which option is best for you? To help Chicago couples and individuals better understand legal separation in Chicago, we answer those questions here.

Legal Separation – Separate Living Without Divorcing

 Under Illinois marriage and divorce laws, a separation allows a couple that is experiencing challenges in their marriage to live separately and to function legally as individuals (rather than a married couple) for the purposes of finances, debts, and other important matters. In a legal separation, the parties to the separation enter into a separation agreement, which is similar to a decree of divorce, and contains the terms of the couple’s legal separation. In the separation agreement, the couple seeking a legal separation from the court must come to terms on certain important issues such as the division of marital property, the division of debts, child support, alimony, and other key issues in the separation. Importantly, a person who is legally separated in Chicago does not take on the other party’s debts (or assets) during the separation. In addition, since the marriage has not been officially and finally ended through the divorce process, individuals who are legally separated may not marry during the legal separation process. A married individual in Chicago is not free to remarry until the Chicago divorce process has been finalized.

Separation or Divorce – Which is Right for You?

Whether legal separation or a full-blown divorce is appropriate in your unique case will depend on the facts and circumstances of your case. Accordingly, if you are seeking a separation or divorce in Chicago, it is important to thoroughly discuss your rights and options with an experienced Chicago divorce lawyer.

The experienced Chicago divorce lawyers at the law firm Arnoux Sharma & Standeford, LLC are here to help individuals seeking a separation or divorce better understand their rights and options under Chicago divorce laws. They are here to listen to your unique story to see if they can help represent you and your interests. Do not hesitate to speak to an experienced Chicago divorce lawyer today. Contact Arnoux Sharma & Standeford, LLC and speak to a lawyer about your case now.

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